Kerala High Court
P.M.Joy vs District Collector on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21589 OF 2022
PETITIONER/S:
1 P.M.JOY
AGED 63 YEARS
S/O P.V.MATHEW
PALOOTHANAM HOUSE,
BINDHU NAGAR, NATTAKOM P.O,
KOTTAYAM
PIN - 686013
2 SURESH KUMAR. N
AGED 63 YEARS
S/O T.P.NARAYANAPILLAI,
MANKAVIL HOUSE,
MARIYAPPALLY P.O, NATTAKOM,
KOTTAYAM
PIN - 686013
3 JOHN K.K
AGED 63 YEARS
S/O MANI KURIAKOSE,
KODUVAYALLIL HOUSE,
IRAVUCHIRA P.O, THOTTACKADU,
KOTTAYAM
PIN - 686539
4 JOHN P CHERIYAN
AGED 63 YEARS
S/O CHERIYAN P.J
PANNACKAL HOUSE, MANGANAM P.O,
KOTTAYAM,
PIN - 686018
5 SAJIMON E.N
AGED 63 YEARS
S/O K.K.NARAYANAN,
EZHUPATHILCHIRA HOUSE,
NATTAKOM P.O, KOTTAYAM
PIN - 686013
6 N.RAJAN
AGED 63 YEARS
S/O NANU ACHARI,
VADAKKEDATHU HOUSE, DEVALOKAM P.O,
KOTTAYAM
PIN - 686004
WP(C) NO. 21589 OF 2022
2
7 V.M.JOHNSON
AGED 63 YEARS
S/O K.MATHAI,
CHELACKAPPALLI HOUSE,
ETTUMANOOR P.O,
KOTTAYAM , PIN - 686631
8 RAVI S.K
AGED 63 YEARS
S/O KUNJAN,
SATHRATHINKAL HOUSE, PAMPADI P.O,
KOTTAYAM,
PIN - 686502
9 SANAL KUMAR P
AGED 63 YEARS
S/O HARIHARAN NAIR,
PALLIPPURAM HOUSE, FATHIMAPURAM P.O,
CHANGANASSERY, KOTTAYAM
PIN - 686102
10 SUBHASH K.E
AGED 63 YEARS
S/O ENAS
KANDAPLACKAL HOSUE,
PULLICKAL KAVALA P.O,
KOTTAYAM
PIN - 686515
BY ADVS.
S.MANU
R.MEENAKSHI (M-1290)
BEA MARY BENNY
RESPONDENT/S:
1 DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM KUMILY ROAD,
KOTTAYAM, PIN - 686002
WP(C) NO. 21589 OF 2022
3
2 TAHASILDAR
KOTTAYAM TALUK, 1ST FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM., PIN - 686001
3 DEPUTY LABOUR COMMISSIONER
CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT,
COLLECTORATE BUILDING, K.K.ROAD,
KOTTAYAM., PIN - 686002
4 MANAGING DIRECTOR
THE TRAVANCORE CEMENTS LTD,
NATTAKOM P.O, KOTTAYAM., PIN - 686013
5 THE TRAVANCORE CEMENTS LTD
NATTAKOM P.O, KOTTAYAM
REP. BY ITS COMPANY SECRETARY, PIN - 686013
BY ADV SMT.LATHA ANAND, SC, TRAVANCORE CEMENTS LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21589 OF 2022
4
JUDGMENT
Petitioner has approached this Court seeking directions to the
respondents 1 and 2 to expedite the revenue recovery proceedings
initiated against 4th respondent as required by Ext.P3 series and
complete the same within a time frame.
2. Counsel for the petitioner submits that the orders passed
by the Controlling authority under the payment of gratuity Act were
not complied with, despite Ext.P1 necessitating the petitioner to
approach the competent authority for execution of the orders in
accordance with law. Recovery proceedings as per Ext.P3 collectively
have been issued but no further headway has been made. It is in that
background the petitioner has approached this Court with the
aforementioned prayer.
3. Learned Government Pleader informs the Court that the
demand notices were issued on 27.01.2022.
4. It seems that for a period of one year the revenue recovery
authorities are only issuing the notices but no concrete and effective
measures have been taken for recovery of the amount. It is a money
decree which, if not interdicted, has to be honored and respected in
the manner and mode as prescribed under Section 8 of the Payment of
Gratuity Act, 1972.
WP(C) NO. 21589 OF 2022
I dispose of the writ petition by issuing directions to respondent
Nos.1 and 2 to expedite the revenue recovery proceedings and bring it
to a logical end within a period of forty-five (45) days from the date of
receipt of a copy of the judgment, in accordance with law.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 21589 OF 2022
APPENDIX OF WP(C) 21589/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 18.8.2021
ISSUED BY THE 3RD RESPONDENT
Exhibit P1(a) A TRUE COPY OF THE ORDER DATED 18.08.2021
IN GC NO.4 OF 2020 PASSED BY 3RD RESPONDENT
IN FAVOUR OF THE 2ND PETITIONER
ExhibitP1(b) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 5 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 3RD PETITIONER
Exhibit P1(c) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 6 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 4TH PETITIONER
Exhibit P1(d) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 10 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 5TH PETITIONER
Exhibit P1(e) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 16 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 6TH PETITIONER
Exhibit P1(f) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 17 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 7TH PETITIONER
Exhibit P1(g) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 19 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 8TH PETITIONER
Exhibit P1(h) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO. 20 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 9TH PETITIONER
Exhibit P(i) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN
GC NO.22 OF 2020 PASSED BY THE 3RD
RESPONDENT IN FAVOUR OF 10TH PETITIONER
WP(C) NO. 21589 OF 2022
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED
19.11.2021 PASSED BY THIS HON'BLE COURT IN
WP(C) NO.25891 OF 2021
Exhibit P3 A TRUE COPY OF THE REQUISITION
NO.2022/693/05 DATED 5.2.2022 ISSUED BY THE
3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO. 2/2020
Exhibit P3(a) A TRUE COPY OF THE REQUISITION NO.
2022/694/05 DATED 27.01.2022 ISSUED BY THE
3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO. 4/2020
Exhibit P3(b) A TRUE COPY OF THE REQUISITION
NO.2022/695/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO. 5/2020
Exhibit P3(c) A TRUE COPY OF THE REQUISITION
NO.2022/711/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.6/2020
Exhibit P3(d) A TRUE COPY OF THE REQUISITION
NO.2022/712/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.10/2020
Exhibit P3(e) A TRUE COPY OF THE REQUISITION
NO.2022/713/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.16/2020
Exhibit P3(f) A TRUE COPY OF THE REQUISITION
NO.2022/714/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.17/2020
Exhibit P3(g) A TRUE COPY OF THE REQUISITION
NO.2022/715/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.19/2020
WP(C) NO. 21589 OF 2022
Exhibit P3(h) A TRUE COPY OF THE REQUISITION
NO.2022/716/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.20/2020
Exhibit P3(i) A TRUE COPY OF THE REQUISITION
NO.2022/717/05 DATED 27.01.2022 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN
RESPECT OF GC NO.22/2020
Exhibit P4 A TRUE COPY OF THE LETTER DATED 10.03.2022
SUBMITTED BY THE TRAVANCORE CEMENTS LTD
RETIRED EMPLOYEES FORUM, KOTTAYAM, BEFORE
THE 1ST RESPONDENT
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 2.6.2022
IN WP(C) NO.17935 OF 2022
